Annual Supreme Court Review & Preview

October 3, 2016 1:00 pm — 2:00 pm

An ELI Public Seminar

ELI held its annual U.S. Supreme Court Review of October Term 2015 and Preview of October Term 2016, again featuring two of the nation’s leading experts on environmental law in the Supreme Court. ELI Vice President Jay Pendergrass lead the discussion with law professors Don Elliot and Robert Percival. The program was scheduled for October 3, the “First Monday of October” when the Supreme Court will formally close October Term 2015 and begin October Term 2016.

Professors Percival and Elliott reviewed key rulings from the Court’s last term and then turned to the cases that have been granted review or are likely to be considered by the Justices for the upcoming term. The review covered issues including Federal Energy Regulatory Commission authority to regulate non-federal programs and activity under the Federal Power Act, new Administrative Procedure Act implications for the Clean Water Act, and National Park Service jurisdiction over non-federal lands within the boundaries of certain protected areas. They will also consider recent court rulings concerning tribal sovereignty and jurisdiction, and the Court’s unusual stay of EPA’s Clean Power Plan. Additionally, speakers highlighted pending court cases addressing regulatory takings, and the expropriation exception of the Foreign Sovereign Immunities Act and their potential significance for environmental law.

Jay Pendergrass, Vice President of Programs and Publications, Environmental Law Institute (moderator)
E. Donald Elliott, Professor of Law, Yale Law School
Robert Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, University of Maryland

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